Time right for ERT changes – Moore

A new chairman of the Employment Rights Tribunal (ERT) needs to be appointed urgently and changes made to how it operates, says a leading trade unionist.
General Secretary of the Barbados Workers’ Union (BWU) Toni Moore believes that daily hearings of the tribunal and the establishment of an environment conducive to workers representing themselves must be viewed as areas of priority for the body.
Insisting that justice delayed is justice denied, Moore said that lengthy delays in bringing labour management issues before the ERT must be addressed.
“We feel strongly that priority must be given to putting in place a system that allows the tribunals to work daily – where they can go into whatever space – whether physical or virtual, so that they can operate daily. There are three tribunals, and they should be able to operate simultaneously or at least three times a week to cut down the backlog in cases
“When a matter is allowed to remain before a tribunal, as is the case with the courts, for too long – then justice, whenever it is served, is denied,” the union boss told Barbados TODAY.
The union boss said that this period of transition, given the resignation of Justice Christopher Blackman as chairman, is the perfect opportunity to not only appoint a new ERT head, but also to address a number of changes that are needed at this time.
“The BWU would not only like to see the replacement of the chairman treated as a matter of urgency, but that the Ministry of Labour gives greater attention and urgency to establishing the mechanisms that would allow the tribunals to function and deliver justice in a timely manner,” she added.
Furthermore, she expressed concerns with the structure of these forums.
“The BWU has always believed that the tribunal was supposed to be established so that the average person could present his or her own case and allow for justice to be served. Judgments should be about the facts and not who can afford attorneys and prepare better submissions,” she added.
Noting that the BWU has had several amendments before the Ministry of Labour, including amendments to the Employment Rights Act that would facilitate and guarantee workers better access to justice, Moore added: “Some that we feel passionately about are the implementation of rules and timelines that have consequences if not adhered to and the power granted to the tribunals to enforce their own orders.”
Justice Blackman stepped down at the end of March from the position which he held for the past four and a half years.
(JB)